Why Policy Should Pay Attention To First Encounter Sex

Thank you Instapundit. The New York Times writer, CHRISTOPHER SHEA, saw my earlier post on Criminalizing Reckless Sex, when Glen Reynolds linked to it. And the Times Sunday Magazine included the idea in today's "The Year in Ideas" issue:

Ayres and Baker say that raising a legal obstacle to first-time sex without a
condom would reap benefits for public health. ''The lion's share of sexually
transmitted infections are caused by first-time sexual encounters,'' they argue
on the legal-affairs Web site Balkinization. Moreover, failure to wear a condom
may amount to prima facie evidence of disdain for women: ''Few men careful
enough to use a condom are reckless enough to rape. The same recklessness that
causes men to overlook the risk of disease and pregnancy can also lead them to
overlook whether the woman has truly consented.''

Lots of people reasonably are concerned about the criminalization of sexual expression. But the core of this idea is that society needs to pay more attention to the dangers of first-encounter sex. 45% of all sexual pairings are one night stands. Getting unmarried people to use condoms the first time they had sex with someone else -- no matter what -- might make substantial progress on the fight to control sexually transmitted diseases.